The only point involved in this appeal by defendants 2 to 7 in the suit, who are members of a Panchayat Board, which was also sued as the first defendant, is with reference to the interpretation of section 108 of the Madras Village Panchayats Act, 1950.

Learned counsel for the appellants concedes that he is concluded by the concurrent findings of the Courts below, with regard to the actual facts. It has thus been clearly found that the present appellants acted under the influence of malice and ill-will, and virtually, misused their powers as the members of this Panchayat. Because they did so, and that rendered them liable to be sued in damages in a Court of law, since they lacked bona fides altogether, though they purported to act in an official capacity, the learned Subordinate Judge has awarded a sum of Rs.100 as damages to the plaintiff-respondent to be recovered from the appellants. The question is whether upon the proper interpretation of section 108, the appellants can plead any absolute immunity in this respect.

Section 108 of the Madras Village Panchayats Act, 1950, runs as follows:-

“No suit or other legal proceeding shall be brought against the President, Executiv